CHANDRASHEKAR Vs. KRISHNA MURTHY

JUDGEMENT

(1.) M.F.A.No.4663/2014 is filed by the claimants seeking enhancement of compensation and M.F.A.No.4417/2014 is filed by the insurance company challenging the liability as well as quantum of compensation awarded by the Tribunal in M.V.C.No.05/2013 on the file of the Court of Senior Civil Judge & J.M.F.C & MACT, Channapattana.

(2.) The brief facts leading to the filing of these appeals are that the deceased namely Bharath and his friends were travelling in TATA Indica Car bearing Reg.No.KA-03-C-837 on 09.11.2012 at about 11:00 PM. The said car met with an accident due to the rash and negligent driving by its driver, near Kenchanaguppe Gate on B.M.Road. On account of the said accident three persons by name Kiran, Lohith and Bhyrappa succumbed to the injuries at the spot and Bharath died on the way to NIMHANS hospital. The claimants being the parents of the deceased Bharath, filed a claim petition seeking a total compensation of Rs.15 lakhs for the death of Bharath.

(3.) Before the Tribunal, the mother of the deceased was examined as P.W.1 and exhibits P-1 to 10 were marked. The claim petition was resisted by the insurance company. R.W.1, an officer of the company was examined and exhibits R-1 to 3 were marked on behalf of the respondents.